Kunal Jaiswal And ANR v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.3411 of 2019 Arising Out of PS. Case No.-788 Year-2018 Thana- KATIHAR District- Katihar ======================================================

1. Kunal Jaiswal aged 32 years Male son of Ashok Jaiswal @ Ashok Kr. Jaiswal

2. Manoj Kumar @ Manoj aged 27 years Male, son of Fudu Both are R/o- Munidhar, P.S.- Katihar, Distt- Katihar ... ... Petitioners

Versus

The State Of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner/s :

Mr.Sanjeev Kumar Singh For the Opposite Party/s :

Mr.Vinod Shanker Modi ====================================================== CORAM: HONOURABLE MR. JUSTICE RAJEEV RANJAN PRASAD ORAL ORDER 29-01-2019 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State. The petitioners are seeking anticipatory bail in connection with Katihar Town P.S. Case No. 788/2018 registered under Sections 384, 307/34 of the Indian Penal Code.

Learned counsel for the petitioners submits that petitioners have no criminal antecedent, however the allegations against them is that they had consumed liquor and had fired from their pistol as also called the informant with taking his caste name.

Patna High Court Cr.Misc. No.3411 of 2019(2) dt.29-01-2019 2/3 Learned counsel submits that these petitioners are neighbour of the informant and for petty issues, the informant has made false allegation taking benefit of his caste and in that name he is trying to harass these petitioners. Learned A.P.P. for the State is present and has opposed the prayer for anticipatory bail of the petitioners.

Considering the facts and circumstances of the case whereunder it appears that there is no allegation of firing upon the informant and no injury is said to have been caused to any one, as also that the petitioners have no criminal antecedent, this court is willing to extend the benefit of anticipatory bail to the petitioners, in the event of their arrest/surrender before the court below within a period of four weeks, let the abovenamed petitioners be enlarged on bail furnishing bail bond of Rs. 15,000/- (Rupees Fifteen Thousand only) each with two sureties of the like amount each to the satisfaction of learned A.D.J. - 1st cum Special Judge, Katihar, in connection with Katihar Town P.S. Case No.

Patna High Court Cr.Misc. No.3411 of 2019(2) dt.29-01-2019 3/3 cancellation of bail. This will be in addition to condition prescribed under Section 438(2) of the Code of Criminal Procedure.

(Rajeev Ranjan Prasad, J) Rajeev/- U T